Advice on rights as tenants

BattyMatty

7 Orders for possession

(1) The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more of the grounds set out in Schedule 2 to this Act; but nothing in this Part of this Act relates to proceedings for possession of such a dwelling-house which are brought by a mortgagee, within the meaning of the [1925 c. 20.] Law of Property Act 1925, who has lent money on the security of the assured tenancy.
(2) The following provisions of this section have effect, subject to section 8 below, in relation to proceedings for the recovery of possession of a dwelling-house let on an assured tenancy.
(3) If the court is satisfied that any of the grounds in Part I of Schedule 2 to this Act is established then, subject to subsection (6) below, the court shall make an order for possession.
(4) If the court is satisfied that any of the grounds in Part II of Schedule 2 to this Act is established, then, subject to subsection (6) below, the court may make an order for possession if it considers it reasonable to do so.
(5) Part III of Schedule 2 to this Act shall have effect for supplementing Ground 9 in that Schedule and Part IV of that Schedule shall have effect in relation to notices given as mentioned in Grounds 1 to 5 of that Schedule.
(6) The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—
(a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and
(b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).
(7) Subject to the preceding provisions of this section, the court may make an order for possession of a dwelling-house on grounds relating to a fixed term tenancy which has come to an end; and where an order is made in such circumstances, any statutory periodic tenancy which has arisen on the ending of the fixed term tenancy shall end (without any notice and regardless of the period) on the day on which the order takes effect.

Found it! Man, this law stuff is complicated...

princeofpounds

Well, I guess that two councils wouldn't publish the exact same advice without a good legal basis for it, so we are probably missing something. My head hurts from the legalese so I'm going to take a break! Someone on LLzone would probably know the ins and outs but I've never managed to open an account there to ask (for some reason never get the email to confirm it).

princeofpounds

hold on, I think this has something to do with it

7.

(6) The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—
(a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and
(b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).

princeofpounds

Yep, that's it, the excluded numbers match the lists given by the councils

theartfullodger

Thanks PoP...

Note to MattyBatty - yes, Ground 6 doesn't apply till end of fixed-term: Tell 'em to f*** off...

PoP was quoting from Housing Act 1988 Section 6....

Yet another example of a letting agent and/or landlord not understanding the law..

Cheers & best wishes to all my readers, including those who disagree with me! Have a good Xmas!

Lodger (Landlord since 2000: Still don't understand the law...)

clutton_2

i would not advise ANYone to accept what is on ANY council's website as law - it is but their interpretation of the law.. and that interpretation is always to their own advantage

i, and many other landlords, have dealt with many different councils with regard to HB/LHA/HMOs and they all differ in their opinion and what they think is the law.

i think this OP needs legal advice because there are specific provisions for landlords to be able to repair/live in/demolish their property..... does OP have free legal advice via an insurance policy perhaps ?

alternativeoly post on landlordzone... there ARE solicitors on there who specialise in housing law who will give advice

theartfullodger

Fair point clutton but the advice that Ground 6 disnae come into effect until after the fixed-term is there in't black-and-white in Housing Act 1988 Section 6...

Cheers!

Lodger

ThrowingStonesAtYou

I'd be looking for a good £5k + costs to move if I were you. Otherwise stay put.

DVardysShadow

Just as an aside, presumably if it goes for demolition, then most potential charges against the deposit would be disingenuous.

sooz

DVardysShadow wrote: »

Just as an aside, presumably if it goes for demolition, then most potential charges against the deposit would be disingenuous.

don't bet on it! The LL may be saving all the fittings & carpets for the new place...for that vintage look